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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 Highest 1669] On October 7, 2016, the Defendant stated approximately 100 meters in the section from the Do in front of the Do in the Won-gu Seoul Metropolitan City head of Singu to the road in front of the gas station located in the same Eup/Myeon from around 19:50 on March 7, 2016 to 0.159% in the public box in the blood alcohol concentration of about 100 meters. However, according to the evidence examination, it is obvious that the Defendant is a clerical error due to mistake, and the Defendant led to the alcohol alcohol of 0.195% by the Defendant. Since there is no change in the applicable law, the Defendant driven a C low-speed car under the influence of the ex officio correction due to the lack of any change in the applicable law.
[2016 Highest 1535] On November 15, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating road traffic law (drinking) at the Gangnam Branch of the Chuncheon District Court on November 15, 2012. On October 7, 2016, the Defendant driven under the influence of alcohol as stated in the above 2016 Highest 169.
The Defendant violated the duty of prohibition of driving in the State twice or more as above, while driving a motor vehicle with C low alcohol level of about 200 meters in the section of approximately 0.173% of alcohol level from the front of the Gangseo-gu cafeteria to the front of the 200-day laund, which is located in the Busan Metropolitan City, Seo-gu, Suwon-gu, Busan Metropolitan City, to the laundry road in the same Ri.
Summary of Evidence
[2016 order 1669]
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. A list of 112 reported cases [2016 high order 1535];
1. Statement by the defendant in court;
1. A copy of the statement report on the circumstances of a driver driving a drinking, the report on the circumstances of a driver driving a drinking, and the notification of the results of regulating drinking;
1. Photographs of each production site;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, inquiry of the results of crackdown on driving of drinking, and application of Acts and subordinate statutes to investigation reports;
1. Violation of the relevant Act and the traffic laws of the person on October 7, 2016, concerning criminal facts: Violation of the Act on the Traffic of Roads (driving) on November 4, 2016, as stated in Article 148-2(2)2 and Article 44(1) of the Act on the Traffic of Roads: Violation of the Traffic Act on November 4, 2016: Article 148-2(1)1 and Article 44 of the Road Traffic Act.